Background

The Niagara River Area of Concern (AOC) is located in Erie and
Niagara counties in western New York. This AOC extends from Smokes
Creek near the southern end of the Buffalo Harbor, north to the
mouth of the Niagara River at Lake Ontario. Past municipal and
industrial discharges and waste disposal sites have been a source of
contaminants to the Niagara River. A long history of development has
also changed the original shoreline along much of the river,
affecting fish and wildlife habitat. Habitat degradation and the
survival of aquatic life in the AOC have been impaired by toxic
chemicals such as PCBs, mirex, chlordane, dioxin, dibenzofuran,
hexachlorocyclo-hexane, PAHs, and pesticides. Fish migration from
Lake Ontario has an influence on the Niagara River community as does
the related affects of invasive species. Metals and cyanides in the
sediment prevent open lake disposal of bottom sediments dredged from
the river. Sources and loadings of pollutant causing use impairments
in the Niagara River include these sediments as well as inactive
hazardous waste sites, combined sewer overflows, and other point and
nonpoint sources. Contamination originating from discharges within
Lake Erie's watershed contributes to effects in the Niagara River
and Lake Ontario. These sources and river shoreline practices both
contribute to the identification of use impairments for which
remedial action is being taken to restore and protect beneficial
uses.

The Remedial Action Plan (RAP) identifies five use
impairments based on the fourteen possible International Joint
Commission (IJC) impairments. Two other beneficial uses have
been
evaluated as unknown and will require further investigation to
determine the extent of their impairment. This group of indicators
was established by IJC based on the Great Lakes Water Quality
Agreement between the United States and Canada. The major impairment
is restrictions on fish and wildlife consumption, primarily due to
PCB and dioxin contamination. Mirex and chlordane also are chemicals
of concern contributing to the fish consumption restriction. These
restrictions are part of a lakewide fish advisory for Lake Ontario.
Niagara River benthos is also listed as degraded, likely due to the
presence of contaminated sediment "hotspots" at certain tributary
and nearshore areas. Contaminated sediment has also caused a
restriction on open lake disposal of dredged material from the
Niagara River. In the upper Niagara River, fish tumors have been
reported and the loss of fish and wildlife habitat due to human
activities has been dramatic. The extent of degradation of fish and
wildlife populations, and the presence of bird or animal deformities
or reproductive problems will require further investigations.

The Remedial Action Plan that effectively combines the Stage 1
and Stage 2 RAP elements was completed September 1994. A RAP Status
Report update was published June 2000. The RAP addresses use
impairments, sources, existing remediation programs, and recommends
future remedial strategies.

Delisting Targets

Delisting targets are being developed for Great Lakes Areas of
Concern. In New York State, Remedial Advisory Committees for the six
AOCs have been working on defining specific delisting criteria for
each of the beneficial use indicators. For the Niagara RAP, these
delisting targets are summarized below and are applied as initial
endpoints for the AOC. A working set of endpoints and criteria have
been drafted for the Niagara River RAP.

RAP Development and Status

NYSDEC applied a phased approach to development of
RAPs for its six AOCs. In 1989, a group of interested citizens was
appointed by New York State Department of Environmental Conservation
(NYSDEC) as the Niagara River Action Committee to help develop the
RAP. The committee comprised 26 environmental, industrial, sports
people, academic, community and local government representatives.
Committee representatives and NYSDEC staff created an Executive
Committee that directed RAP development. The Executive Committee
established RAP goals, mapped out a workplan, defined
responsibilities and reviewed draft sections of the RAP. The RAP was
completed in 1993 and published final in 1994; it addresses
problems, sources, existing remediation programs and recommends
remedial strategies. Tracking progress in implementation of the RAP
has three components: plan review/update; periodic status reports
with workplans for planned activities; and public participation,
primarily through an advisory committee. NYSDEC has appointed a
twelve-member Remedial Advisory Committee (RAC) representing
government officials, public and economic interest groups and
private citizens to advise and assist NYSDEC in implementing the
RAP.

Binational Considerations

Members from each of the binational jurisdictions (Canada and
United States) have laid the groundwork to collaborate on AOC
objectives. This was accomplished through the Remedial Advisory
Committees in earlier development stages of the RAP. In May 2004, a binational meeting was held to discuss next steps for the St.
Lawrence River, another binational AOC. The following binational
needs were identified: 1) understanding the status of each RAP; 2)
reviewing delisting criteria status; 3) identifying monitoring and
next step; and, 4) identifying opportunities for collaboration in
delisting efforts. All of these would also apply to the Niagara
River, and a similar binational meeting on this AOC is forthcoming.

The International Joint Commission completed a Status
Assessment Report for the entire AOC in June 2002. Certain
implementation activities were identified as successes for the RAP
process. Challenges for the binational process as well as next step
recommendations were also identified for the AOC in the Status
Assessment Report. There are differences yet common points
identified by the advisory committees in their assessment of
impairments.

As next step activities in RAP implementation, the committees are
to collaborate on sharing information and making progress in
resolving the use impairment indicators. A review of the guidelines
for operating an advisory committee can be useful in establishing
ground rules for moving ahead while considering all points of view.
Sharing information and data in implementing the strategies will be
a key to making progress. The jurisdictions can agreed to work
together to make incremental progress in addressing each of the
beneficial use indicators.

A number of Niagara River initiatives are ongoing which have been
and continue to be of assistance to RAP implementation. These
initiatives establish a strong foundation for the implementation of
RAP related activities.

Niagara River Toxics Management Plan

In the late 1980s mutual concern over the Niagara River’s high
levels of toxic chemicals resulted in a decision by four Canadian
and US environmental agencies to enter into a landmark agreement to
work cooperatively to reduce toxic inputs to the River. In February
1987, Environment Canada (EC), U.S. EPA, the Ontario Ministry of the
Environment (MOE) and NYSDEC, "the Four Parties", signed the Niagara
River Declaration of Intent (DOI), to adopt and implement a toxics
reduction plan.

The Niagara River Toxics
Management Plan (NRTMP) was the plan designed to achieve these
reductions. In it, eighteen priority pollutants were targeted for
reduction, with a 50% reduction in point and nonpoint sources of ten
of these toxic chemicals called for by 1996. In 1996, the Four
Parties re-affirmed their commitment to the NRTMP in a Letter of
Support that called for continued reductions of toxic pollutants to
achieve ambient water quality that will protect human health,
aquatic life, and wildlife, and while doing so, improve and protect
water quality in Lake Ontario as well. In addition to source
trackdown and remediation, reporting and public involvement are
parts of the implementation process. A Niagara River Toxics
Management Plan progress report and workplan is produced annually.

Niagara County Water Quality Advisory Committee

The Niagara County Water Quality Strategy was prepared by the
Niagara County Water Quality Advisory Committee. The committee works
to coordinate efforts to improve water quality in the county,
especially through the development and implementation of a strategy
to control nonpoint source water pollution. The Water Quality
Advisory Committee (WQAC) plans to concentrate on nonpoint source
water pollution problems. Nonpoint sources are seen as a threat or
potential threat to water quality in all of the county's major
watersheds. Sources of nonpoint pollution include: agricultural and
related runoff (fertilizers and pesticides), sedimentation from
erosion, septic system failure and other runoff from sources such as
road salt, leaking underground storage tanks and other chemical
containers.

Strawberry Island Habitat Restoration Project

Strawberry Island, which is located near the southern tip of Grand
Island, became endangered as a result of gravel dredging and the
erosive forces of the Niagara River's strong currents. The
crescent-shaped island once totaled more than 200 acres, but now
consists of five acres. This project includes the restoration of
three acres of wetland habitat along the eastern and western arms of
the island and the installation of approximately 2,300 feet of
rip-rap break-wall to protect the island from wind and wave damage.
Submerged sills will hold wetland soil in place and nearly 5,000
yards of wetland soil will be transported from the Buckhorn Island
Marsh State Park restoration project and placed at Strawberry
Island. In addition, more than 5,200 erosion-resistant plants will
be placed on the island to help protect the soil.

Niagara River Greenway Commission

Although not a direct activity of the RAP, the Niagara River Greenway Commission's goals and mission will benefit the AOC and RAP objectives. This
commission was established in late 2004 as a cooperative regional
organization to work with participating state agencies,
organizations and residents in order to implement linear system of
parks and conservation areas along the NR riverfront, to be known as
the Niagara River Greenway. The Greenway will redefine the Niagara
riverfront by increasing landside access to the river; creating
complementary access to the greenway from the river; augmenting
economic revitalization efforts and celebrating the region’s
industrial heritage in Niagara and Erie Counties.

Recent Progress and Achievements

Following are some activity highlights relative to RAP progress
and achievements. Seven environmental program areas are used to
describe progress. Concurrent with the RAP process, many NYSDEC
environmental program activities are in place and progressing as
part of State environmental protection laws and policies, and
therefore are being implemented independent of any formal RAP
coordination. The RAP strategies do, however, make use of all
resource commitments to restore beneficial uses since a key to
successful restoration and protection of the AOC is securing
implementation commitments to achieve RAP objectives.

Hazardous Waste Site Remediation (Land-Based)

Under the Four Parties agreement among Canadian and US agencies,
reducing toxic chemical inputs to the Niagara River, primarily by
hazardous waste site remediation, is being successfully implemented.
Twenty-six New York State sites were identified as responsible for
over 99% of the pollutant load on the U.S. side of the basin.
Remedial measures have been completed at 21 of the sites, with site
plans including long-term operation and monitoring. The remaining
sites are under active remediation or design phases. The U.S. EPA
estimates that site remediation to date has reduced the potential
inputs into the River by approximately 94%. A listing of inactive
hazardous waste sites and the status of their remedial progress is
provided in the 2008 report entitled "Reduction of Toxics Loadings to
the Niagara River from Hazardous Waste Sites in the Unites States".

Contaminated River Sediments

The U.S. EPA and NYSDEC have overseen the remediation of embayment
sediments along the Niagara River. Contaminated sediments in
embayment areas have been identified as sources of impairments in
the river. Three embayment locations, the mouth of the Pettit Flume,
102nd Street embayment and the mouth of Gill Creek have been
remediated. However, monitoring and determinations of further
remedial activities are needed. To date, over 90,000 cubic yards
have been dredged in the Niagara River with up to 200,000 cubic
yards removed from tributaries. The U.S. EPA is developing a
proposed management strategy which is expected to include sediment
criteria that would allow decisions to be made relative to the
likely environmental impacts of contaminated sediments. NYSDEC
currently uses a 1994 guidance document. Sediment data indicate the
presence of a wide variety of organic and inorganic contaminants in
sediments from the Buffalo Harbor, the Black Rock Canal, the Bird
Island-Riverside nearshore area, the Tonawanda Channel nearshore
area, the Wheatfield-Upper River nearshore area and the Lower
Niagara River nearshore area. Analyses of core samples from the
sediment bar at the mouth of the Niagara River show a significant
decrease in contaminants over the past twenty years.

Point Source Discharge Control

NYSDEC has developed an Environmental Benefit Permit Strategy to
assist in establishing priority for renewal modifications of point
source discharge permits based on the identification of
environmental/water quality benefits. A significant reduction in the
mass of contaminants discharged within the drainage basin by area
industries has been achieved by the installation of improved
wastewater treatment systems, the implementation of best management
practices, the ongoing discharge permit monitoring and renewal
process, hazardous waste site remediation activities and the
implementation of pollution prevention measures.

In the early 1990s, EPA and DEC required the City of Niagara
Falls to treat all of the Fall Street Tunnel flow during dry
weather. This was a significant source of toxic contamination to the
Niagara River. As a result of corrective action, flow of up to 10
mgd from the Tunnel is being diverted to the City of Niagara Falls
wastewater treatment plant to preclude dry weather discharges and to
reduce wet weather overflows. In addition, recent grouting
undertaken by the City has reduced daily dry weather flow in the
tunnel. Overall, as a result of these management actions, both the
frequency and volume of wet weather overflows from the Fall Street
Tunnel have been significantly reduced.

Nonpoint Source Pollution Control

Excessive nutrients (phosphorus) and sedimentation (erosion) from
agriculture activities as well as toxics from stormwater runoff
contribute to nonpoint source pollution problems in the Niagara
River drainage basin. County Water Quality Management Strategies
have been developed to address nonpoint source pollution in the
watershed. Implementation of these County Water Quality Management
Strategies and related Best Management Practices (BMPs), including
improvements to stormwater management, is recommended and is
progressing. Various funding programs (grants) now support and are
available to assist in the implementation of nonpoint source
pollution control efforts. NYSDEC's Division of Water has developed
nine guidance document sections for the Management Practices
Catalogue for Nonpoint Source Pollution Prevention and Water Quality
Protection in New York State.

Fish and Wildlife Assessments/Actions

Several of the Niagara River AOC use impairments are based on the
status of fish and wildlife conditions and considerations. Available
fish and wildlife investigative information has been reported
(Skinner 1989). A fish pathology study is needed as well as
investigative studies concerning deformity and fish and wildlife
populations.

Health and Environmental Assessments/Actions

Maintaining current and useful contaminated fish consumption
advisory information serves to reduce exposure of user groups.
NYSDEC in conjunction with NYSDOH has prepared updated fish
consumption advisory pamphlets to assist with public outreach and
education. The implementation of this fish consumption advisory at
the local level and the research necessary to monitor long-term
trends in regard to the advisory will be continued.

Investigations and Monitoring Activities

The results of various investigations and monitoring activities will
be instrumental toward resolving the Niagara River AOC use
impairments. Stream monitoring and monitoring associated with
planned remediation projects will contribute to the re-assessment of
use impairment indicators. Water quality is determined by comparing
the concentrations of pollutants in the water column (water
collected without disturbing bottom sediments) with numerical
standards and guidance values (concentrations above which desired
uses are likely to be impaired).

In accordance with the Niagara River Toxics Management Plan and
the four-party Declaration of Intent (1987), Canada, the United
States, New York State and the Province of Ontario have developed an
upstream/downstream water quality monitoring program involving the
collection of water and suspended solids samples at the head (Fort
Erie) and the mouth (Niagara-on-the-Lake) of the Niagara River. The
purpose of the program is to estimate input loadings of specific
metals and organic chemicals to the Niagara River from Lake Erie and
output loadings to Lake Ontario. State-of-the-art sampling and
analytical methods capable of quantifying the presence of chemicals
at very low concentrations are being used. Water quality samples are
collected weekly by Environment Canada at the two stations.
Statistical methods are applied to give annual mean concentrations
of each chemical at both ends of the river.

Current projects and outlook

Implementation of the Niagara River RAP is a
continuous process that will include periodic updates and
improvements as knowledge of the use impairments, sources and the
effectiveness of remedial actions increases. Remedial actions are to
be evaluated and coordinated as to the impacts on restoration of
beneficial uses. Within the AOC and watershed, the priorities
include addressing the fish consumption advisories, completing the
site remedial measures, conducting monitoring and investigation
activities, and re- assessing the status of beneficial uses. When
necessary, contaminant trackdown may be used. Restoring and
maintaining an improved quality of life in the ecosystem of the
Niagara River and its watershed is the overall goal. In addressing
the binational AOC, NYSDEC has taken the lead in coordinating the
RAP activities for the New York state portion. Likewise Canadian
jurisdictions are taking the lead for the RAP concerning the Ontario
side of the river. Some progress has been made in collaboration
activities.

Niagara River Comprehensive Watershed Study Proposal

Congress is considering funding an Energy and Water Bill that
includes a US Army Corps of Engineers Buffalo District proposal
entitled the "Niagara River Comprehensive Watershed Study". The
Buffalo Niagara Riverkeeper has worked hard to have this study
implemented and believes that revitalization of the Niagara River,
its watershed and shoreline are important for the area. To
accomplish full restoration, the Buffalo/Niagara region must have a
healthy community with accessible waterfront to fully realize the
region’s tourism and marine business potential. Even more, the river
system itself must be restored for the Niagara Region to capture the
benefits of Great Lakes waters.

Many toxic levels in the Niagara River waters have been
dramatically reduced; however beneficial use impairments remain due
to historic contamination and habitat destruction. A comprehensive
watershed study is needed to 1) synthesize environmental data, 2)
determine goals for restoration of the ecosystem with measurable
endpoints, 3) establish an implementation strategy, and 4) obtain
Great Lakes restoration funding.

2004: 30 Year Trends in Water Quality of Rivers and Stream in NYS, NYSDEC.

The
Great Lakes Research Review: This is a publication jointly
produced by the Great Lakes Program of the University at
Buffalo, the Great Lakes Research Consortium, and the New York
Sea Grant Institute. The publication provides an outlet for
information concerning important research being undertaken in
the Great Lakes, particularly but not exclusively by researchers
affiliated with the New York Great Lakes Research Consortium and
its member institutions. It is designed to fill a gap between
newsletter-type information and articles that are suited for
technical journals. For more information contact: Great Lakes
Program at SUNY Buffalo, 207 Jarvis Hall, Buffalo, NY 14260,
716-645-2088, or the Great Lakes Research Consortium at SUNY
College of ESF, 24 Bray Hall, Syracuse, NY 13210, 315-470-6816.

The following historical documents may also be available from
one of the AOC contacts

NYSDEC. Trends in Water Quality of Selected Rivers in New
York State. August 1995. pg. 21-29.

Longabucco, P. 1991. Controlling agricultural nonpoint
source water pollution in New York State: a guide to the
selection of best management practices to improve and protect
water quality. NYSDEC, Albany, N.Y. 169 pp.

Skinner, L.C. 1989. Chemical contaminants in Young of the
Year Fish from New York’s Great Lakes Basin 1984 through 1987.
NYSDEC .43 pp.

Black, J.J. 1988. Fish Tumors as known Field Effects of
Contaminants. Toxic Contamination in Large Lakes, Vol I Chronic
Effects of Toxics. Lewis Pub. Ca

Declaration of Intent (DOI). 1987. The Niagara River
Declaration of Intent. Environment Canada, the United States
Environmental Protection Agency II, Ontario Ministry of the
Environment and the New York State Department of Environmental
Conservation, February 4, 1987.

Simpson, K.W. 1982. Macroinvertebrate Study of the Niagara
River – 1982.New York State Department of Health.

NYSDEC. Management Practices Catalogue for nonpoint source
pollution prevention and water quality protection in New York
State: a nine section document of best management practice
categories.

The brochure entitled, RAPs in Action, was developed to
augment the message of the New York state RAP Display. The
brochure provides more detailed information on remedial
activities that are being implemented to restore and to protect
beneficial uses in New York State's RAP Areas of Concern.

A promotional brochure entitled, Getting the Word Out, was
also developed to provide a description of public outreach and
educational materials (audiovisuals, brochures, fact sheets,
etc.) produced by and/or for the RAPs or the Lake Ontario
Lakewide Management Plan (LaMP).

Community Involvement

Over the years, the Niagara River Remedial Advisory
Committee (RAC) conducted monthly, and later quarterly, meetings on
RAP implementation. At the Western New York 2003 RAP workshop,
stakeholders shared information on activities affecting the Niagara
region. Active participants have been focusing attention on the
Buffalo River RAP implementation. A 2006 Niagara River RAP workshop
was conducted to identify next steps for the Area of Concern. The
Advisory Committee consists of a diverse and multi-stakeholder
representation with the task of identifying needed studies and
remedial actions, seeking implementation, and then affecting these
activities in the watershed and AOC. Reporting on progress and
communicating this information to the public has been an objective
of the committee. Recent efforts in the Niagara RAP have focused on
the implementation of the NRTMP and hazardous waste site remediation
to address the use impairments and realizing that pollutant source
clean up is being accomplished.

Regular meetings of the RAC were conducted as part of the
development of the RAP. Implementation and documentation of
RAP-related activities are coordinated through a continuing public
participation process. Stakeholders need to be informed of remedial
activities and progress and steps have been taken to include a
continued outreach effort in the development and implementation of
remedial measures. Presentation of study and remedial activity
results are part of this public participation process. At times,
field trips are organized to learn more about the specifics of a
remedial activity and to respond to committee members’ interests as
necessary.

It is important to provide a periodic status report of the
Niagara River AOC to maintain and increase public awareness about
the restoration and protection activities and needs of this
important geographic area. The last RAP Status Report was published
in June 2000; the NRTMP Progress Report is produced every three
years, with a brief newsletter-style report issued in the
intervening years. A
promotional brochure and RAP display are other examples of outreach
activities that have been incorporated into the public participation
activities involving Great Lakes program activities. The RAC will
continue to provide advice and consultation and foster interest in
implementation of remedial measures that benefit the AOC.

Photos

View of Strawberry Island which lies
in the upper Niagara River area. It was designated as a
Critical Bird Nesting Area for migratory birds and a
spawning area for muskellunge, pike and bass. The rock
rip-rap was added as part of a $1 million-plus state-funded
habitat improvement project to reduce erosion.

Remediated Superfund hazardous waste
site of former Cherry Farms along the east channel of the
Niagara River. The site was a major contributor of toxic
chemicals to the river.

Former smelters on Bethlehem Steel
property on Buffalo's outer harbor. Most of these facilities
are undergoing removal and site restoration.

Beaver Island State Park -- located in
the upper Niagara River. This view is looking toward the
city of Buffalo.